Legal Question in Personal Injury in California

My 1999 Chevrolet Monte Carlo was damage in an auto accident with a tow truck. The dolly fell off the truck. This destroyed my 24" rim, ruined the suspense and caused damage to the fender and wheel well. I have been talking with the tow truck's insurer and they have offered me only half of all the damages. I paid $2600 for the rims, which I have a receipt for. I have also contacted the company that sold me the rims and they informed me the rims are discontinued after a year and I will be unable to get a replacement. My vehicle was inspected by an autobody shop and to repair the body damage would cost $3400. In all that comes to $6300 in damages without the cost of labor. The insurer has offered to settle for $3100 or $2700 if I salvage the vehicle. I believe this is too low on top of the stress of worring how I would get to work everyday. Do I have a case?


Asked on 7/08/10, 8:18 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You do not explain why the insurance company is offering only 1/2 of the damages. They must be contending that you were 50% at fault, probably arguing that you were following too closely to the tow truck and had you been further back the dolly would not have struck your vehicle [but you probably would have run over it causing more but different damage]. You definitely have a case, especially if the police report does not show you as having any fault.

Probably the best approach is to get an attorney to review all of your information, make a demand on the insurance carrier, and then coach you on how to handle the matter yourself in Small Claims Court [it is not worth the costs to file in Superior Court]. All that might take about 2-3 hours of attorney time and you would want to hire someone with litigation experience in car accident cases who has a lower hourly charge. You could contact some defense attorneys at firms representing auto carriers who moonlight doing private cases. If you wish to discuss this further, give me a call at 510-441-2684 or e-mail me at 510-441-2684

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Answered on 7/09/10, 7:37 am


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